On approval of the Rules of formation and provision by special state bodies of the Republic of Kazakhstan of service dwellings

Resolution No. 1602 of the Government of the Republic of Kazakhstan dated December 14, 2012.

      Unofficial translation

      In accordance with paragraph 3 of Article 84 of the Law of the Republic of Kazakhstan dated February 13, 2012 “On Special State Bodies of the Republic of Kazakhstan”, the Government of the Republic of Kazakhstan hereby RESOLVES:

      1. To approve the attached Rules of formation and provision by special state bodies of the Republic of Kazakhstan of service dwellings.

      2. This resolution shall take effect from January 1, 2013 and is subject to official publication.

      Prime Minister of the Republic of Kazakhstan S.Akhmetov

  Approved by
  Resolution No. 1602
  of the Government
  of the Republic of Kazakhstan
  dated December 14, 2012

Rules of formation and provision by special state bodies of the Republic of Kazakhstan of service dwellings

      Footnote. The rules are in the wording of Resolution No. 153 of the Government of the Republic of Kazakhstan dated 03.04.2018 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

Chapter 1. General Provisions

      1. These Rules of formation and provision by special state bodies of the Republic of Kazakhstan of service dwellings (hereinafter - the Rules) are developed in accordance with the laws of the Republic of Kazakhstan dated April 16, 1997 “On Housing Relations” (hereinafter - the Law) and dated February 13, 2012 “On Special State Bodies of the Republic of Kazakhstan”.

      2. These Rules shall extend to the dwellings that are owned by the state and are under operational management of special state bodies of the Republic of Kazakhstan (hereinafter - SSB), also to employees, including those adopted within the framework of unified cross-sectoral standards for the number of employees providing technical maintenance and operation of state bodies, provisioned by subparagraph 40) of article 16 of the Labor Code of the Republic of Kazakhstan dated November 23, 2015.

      3. The service dwelling of the SSB is the dwelling with a special legal regime provided from the housing stock of the SSB and intended for accommodation of employees, military servicemen and SSB servants and members of their families for the period of their official duties performance.

      4. Provision of the national security bodies’ military servants with service dwelling shall be carried out in accordance with the Rules of provision of official housing for military servicemen, calculation of the size, purpose, recalculation, transfer, termination, suspension and resumption of housing payments approved by the Government of the Republic of Kazakhstan.

Chapter 2 Formation of the SSB service dwelling

      5. Service dwelling of the SSB shall be formed of dwellings that are under operational management of the SSB.

      6. Service dwellings of the SSB shall be comprised of rooms in dormitories, apartments, individual residential buildings and dwellings that are located in the territory of military towns, border outposts and other closed facilities.

      Footnote. Paragraph 6 as amended by the Resolution of the Government of the Republic of Kazakhstan dated 29.04.2020 No. 259 (shall be enforced upon expiry of ten calendar days after the date of its first official publication)

      7. Accounting of service dwellings shall be carried out by the responsible structural units of the SSB institutions. Registration of the SSB employees, military servicemen and servants and their family members in need of housing shall be carried out by the responsible structural units of the SSB institutions, assigned with functions of service dwellings registering.

Chapter 3. Procedure of service dwelling provision

      8. The SSB employees, military servicemen and servants shall be provided with service dwellings throughout the time of performing their duties related to the nature of their labor relations, by the decision of the SSB organization’s housing committee.

      9. Service dwellings in hostels of the housing stock of the national security bodies’ state institutions in a given locality shall be provided for the period of service to persons recognized as in need of accommodation and that are on the staff of the national security bodies.

      10. Service dwellings of the SSB shall be provided to the SSB employees, military servicemen and servants in accordance with the regulations established by the Law.

      11. Service dwellings shall be provided to the SSB employees in need of housing, military servicemen and servants who are registered, in priority sequence, by the registration date of the report (application) with all the necessary documents referred to in paragraph 12 of these Rules.

      12. For registration of persons in need of accommodation, the SSB employees, military servicemen and servants shall file to the housing committee of the SSB institution:

      1) a report (application) addressed to the chairman of the housing committee of the SSB state institution for registration on the list for receiving accommodation;

      2) copies of identity documents of the SSB employee, military serviceman, servant and members of his family, birth certificates of the children, marriage (divorce) certificates, if there is a family;

      3) proof of family status from the SSB personnel department issued within ten calendar days before the registration date of the report (application);

      4) certificate of real estate absence (presence) from the justice authorities (in the territory of the Republic of Kazakhstan) received by the family within ten calendar days before the registration date of the report (application);

      5) certificate of the local executive body on the presence or absence of dwelling from the municipal housing stock, received by the family within ten calendar days before the registration date of the report (application);

      6) the spouse’s employment verification with information on receipt of municipal housing within a month before the registration date of the report, if the spouse is an employee of a state institution or state enterprise.

      If required, the applicant additionally files certificates from the state medical organization on the presence:

      of family members with severe forms of certain chronic diseases that are on the list of diseases approved by the Government of the Republic of Kazakhstan, entitling to additional living space;

      a woman in the family with pregnancy of more than twenty-two weeks.

      13. Within fifteen days from the registration date of the report (application), the housing committee of the SSB institution shall check the filed documents for compliance with the requirements referred to in paragraph 12 of these Rules.

      If the filed documents do not comply with the requirements of paragraph 12 of these Rules, the responsible unit shall return them to the applicant within three working days for completion. Within ten working days, the applicant shall re-apply to the housing committee of the SSB institution, while the report (application) shall be considered to be filed on the day of its initial registration.

      14. The housing committee of the SSB institution shall adopt a decision on denied recognition of:

      1) an employee and military serviceman of the SSB in need of housing in cases of non-compliance with the requirements of Article 101-3 of the Law;

      2) a servant of the SSB in need of housing in cases of non-compliance with the requirements of Articles 69 and 70 of the Law, existence of grounds established by Article 72 of the Law.

      15. In the event the SSB institution’s housing committee adopts a decision on providing service dwelling, a housing lease agreement between the applicant and the authorized person of the SSB shall be concluded within fifteen calendar days.

      16. The service housing lease agreement shall be drawn in duplicate, one copy of which shall be stored with the authorized unit of the SSB, the second copy, issued to the tenant, shall serve as entitlement to settling in the provided dwelling.

      17. The SSB employees and military servicemen receiving housing payments shall not be provided with service dwelling, except for the service dwelling on the territory of military towns, border outposts and other closed facilities or in a dormitory.

      Footnote. Paragraph 17 as amended by the Resolution of the Government of the Republic of Kazakhstan dated 29.04.2020 No. 259 (shall be enforced upon expiry of ten calendar days after the date of its first official publication).

      18. For employees and servicemen of the SSB sent for service abroad, the occupied dwellings shall be reserved for the entire time of the service abroad, and shall be accounted for by the responsible structural unit of the SSB institution.